Home Sweet Home

If you live and drive anywhere in Las Vegas, you may have noticed a new home development or two around the city. The surge in new homes is astounding and great for the economy.

Purchasing a new home can be exciting and is still viewed as part of the great “American Dream”. But what if your dreams turn into a nightmare? Many of us still remember the great recession 7 years ago where the housing/financial market collapsed. Many lenders and financial institutions became greedy and America suffered. 2009 may seem like a distant memory but lenders can, and may continue, to behave badly. One homeowner had enough, so she sued and won.

Walk This Way

As a nation we are facing an epidemic, pedestrian fatalities. Every day in America there is an accident involving a driver and a pedestrian, some of them resulting in a fatality. Walking, sitting at a bus stop, riding your bike, or even just standing in a public place puts you at risk for being involved in an accident.

Slip and Fail?

Slip and falls happen more often than you think, and unlike the television show “America’s Funniest Home Videos”, they are no laughing matter. Across America millions of people have been injured in slip and fall accidents, either at work or in a public place. Below is a link to a case where a woman’s routine trip to Walgreens is now a $1 million dollar lawsuit against the chain of drug stores.

Worst Family Member Ever?

We live in a litigious nation where people can sue one another for just about anything. While the ability to file a lawsuit when we feel that we have been wronged is one of our greatest freedoms as a United States citizen, we must be aware that every action has a consequence. Below is a story of an aunt that sued her nephew for greeting her too aggressively.

Our law firm is often asked to advise employers and employees as to what constitutes “appropriate” and “inappropriate” behavior in the workplace. It all comes down to risk. Will a certain behavior or type of comment expose the employer to the risk of being sued? That is the question.

We advise our employer clients to reduce their risk as much as possible. With that in mind, there are certain guidelines that are recognized in industry (and in court) when it comes down to what can be potentially referred to as “inappropriate” behavior.

We hear it all the time, people suing celebrities, big corporations and other people for what seems to be the most trivial of things and situations. One of the many things that makes America such a wonderful place to live is the freedom to sue people and companies for financial compensation when we feel they have wronged us. Unfortunately, this freedom opens the door for frivolous lawsuits that bog down the legal system. There are many many frivolous lawsuits that have been filed over the years but here are 3 that seem to take “the cake”.

Napkins Caused Me Distress: Webster Lucas walked into California McDonalds and ordered a Quarter Pounder Deluxe. Mr. Lucas proceeded to ask the manager for extra napkins with his hamburger, the manager allegedly denied Mr. Lucas stating “one was enough”. Mr. Lucas also alleges that after the manger refused, the manager stated that Mr. Lucas should have gone somewhere else. Mr. Lucas also claims the manager proceeded to make a racial slander after refusing to provide the additional napkins stating to another co-worker “these people”. Mr. Lucas claims that not getting extra napkins has caused him emotional distress therefore filing a lawsuit against McDonalds.

Most Americans LOVE their social media. Chatting, tweeting , and posting has become apart of our everyday lives. We are all aware that whatever we post, tweet and chat about stays forever in the internet. Our words, pictures and videos are a permanent imprints that can be found and used to help or hurt us at any given time. Social media is like a delicate ball, you can play with it and have a great time but given the right circumstances/situation your delicate ball can shatter. Your post about you being charitable, or your cute kids at their school recital can attract good and positive feedback. What about a picture of you shooting, horseback riding, fishing and other activities with friends? See how posting pictures of these harmless activities can have serious consequences.

Car accidents are a common occurrence in the state of Nevada. Knowing these 5 simple and proper steps may save you time and money in the long run. Here are a few things you should know and do if you or a loved one is involved in a car accident:

1. The first thing you should do is see if anyone is injured. If so, call medical help immediately.

2. If you or someone in your vehicle is injured in the automobile accident it is important to preserve evidence while at the scene. If you are the one to make that 911 call, remember that 911 call is going to be recorded. It will be archived at Metro and it will be accessible to both parties later on if you or the other party seeks legal counsel. If you get into an accident and you’re not at fault ensure you take steps to preserve your case. Most people in these types of circumstances don’t understand that they need to think and act quickly. Remember you have just been in an accident so you are not thinking or acting like your normal self.

A recent decision from the United States District Court for the District of Nevada held that a car insurance policy’s definition of “bodily injury” included emotional injuries and could thus be applied to emotional distress claims.

In Brewington v. State Farm Mutual Auto Insurance Co., the plaintiff filed a complaint against State Farm for breach of contract, arguing that State Farm breached its insurance policy by denying her coverage for her negligent infliction of emotional distress claim. State Farm argued that it did not breach the insurance policy because emotional distress does not qualify as a “bodily injury” and did not arise “in the accident” as required under the policy.Continue reading